The Online Safety Act 2025 (‘the Act’) comes into force 1 January 2026. It is an Act to enhance and promote online safety in Malaysia by regulating harmful content and providing for duties and obligations of the application service providers, content application service providers and network service providers. The Act was introduced to address harmful content by placing clear responsibilities on licensed service providers where it aims to make the internet safer for everyone in Malaysia by making service providers more responsible. This in turn safeguards the public from harmful online content.
eCommerce in Malaysia is primarily given legal recognition by the Electronic Commerce Act 2006 (‘ECA 2006’). The ECA 2006 facilitates electronic transactions by recognising the legal validity of electronic messages, documents, and contracts. It broadly covers ‘commercial transactions’ conducted via electronic means, encompassing the supply or exchange of goods or services.
While Malaysian law does not explicitly mention the ‘Metaverse’, many of its activities share the same fundamental characteristics as eCommerce.
The primary purpose of the Electronic Commerce Act 2006 is to provide legal recognition for electronic communications in the formation of contracts. In simple terms, it means that contracts made through emails, websites, or apps are recognised by law and are legally binding just like paper documents. The goal is to make it easier and safer to do business online by giving legal validity to electronic communications and transactions. More importantly, these electronic records can be used as valid proof to take legal action and resolve disputes.
As Artificial Intelligence (‘AI’) continues to reshape industries, legal disputes over intellectual property (‘IP’) — particularly copyright — are becoming more frequent. Recently, the US District Court of Delaware issued a significant ruling on whether AI (specifically non-generative AI) can be trained on copyrighted legal materials without permission.
This case has ignited debate in both the IP and AI communities, but one big question remains: How will this ruling impact generative AI in the future?
The CPTPP contains a comprehensive chapter on IP, which sets a regional standard for the protection and enforcement of IP rights across the Asia-Pacific region. The chapter includes provisions in almost all categories of IP rights and builds on the framework established under existing international IP treaties, such as the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Berne Convention, which falls under Article 18.7 of CTPPP.
Written by Richard Wee, Darren Lai and Kimberly Chan Non-Fungible Tokens (“NFTs”) have been the talk of the town in recent years. The success stories of individuals becoming millionaires overnight just from the sale of…
Written by Sovitra Sukahut Som Sovitra was the First Runner-Up in the ALSA UUM Article Writing Contest 2022: A New Face of Cybercrime Abstract In Malaysia, cybersecurity is governed by several main legislations such as…
Copyright by LexisNexis Malaysia Sdn Bhd. Reproduced with permission of LexisNexis Malaysia Sdn Bhd. By Richard Wee, Fatin Ismail and Kimberly Chan INTRODUCTION We have previously discussed the potential legal issues that could arise from the new digital phenomenon,…
Written By Richard Wee, Fatin Ismail and Kimberly Chan. Assisted by Lim Chaw Zen Introduction This article is a summary attempt to understand the legal challenges of the new digital phenomenon, the Metaverse. The term “Metaverse” was…
Written by Richard Wee and Ian Phua Lately the internet has been flooded with the legal battle between Epic Games and Apple, what is it all about? Epic Games Inc. “Epic”, the well known American video game…
